or other matter; and it being now duly proved upon oath before (me) that the said A. B., so indicted as aforesaid, and the said A. B., in your custody, as aforesaid, are one and the same person: These are therefore to command you, in His Majesty's name, to detain the said A. B. in your custody in the common gaol aforesaid, until by a writ of habeas corpus he shall be removed therefrom, for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of your custody by due course of law.

Given under (my) hand and seal, this

day of in the county aforesaid. J. S., [SEAL.]

J. P., (name of county.)

FORM 69.

(Section 925.)

Canada,

Province of
County of
The King

V.

Challenge to Array.

The said A. B., who prosecutes for our Lord the King. (or the said C. D., as the case may be) C. D. challenges the array of the panel on the ground that it was returned by X. Y., sheriff of the county of (or E. F., deputy of X. Y., sheriff of the county of the case may be), and that the said X. Y. (or E. F., as the case may be) was guilty of partiality (or fraud, or wilful misconduct) on returning said panel.

55-56 V., c. 29, sch. 1, form KK.

(as

Province of

County of
The King)

บ.

The said A. B., who prosecutes, etc. (or the said C. D., as the case may be) challenges G. H., on the ground that his name does not appear in the panel, [or that he is not indifferent between the King and

C. D.

the said C. D., or that he was convicted and sentenced to (death, or penal servitude, or imprisonment with hard labour, or exceeding twelve months, or that he is disqualified as an alien.]

55-56 V., c. 29, sch. 1, form LL.

FORM 71.

(Section 1068.)

Certificate of Execution of Judgment of Death.

I, A. B., surgeon (or as the case may be) of the (describe the prison), hereby certify that I, this day, examined the body of C. D. on whom judgment of death was this day executed in the said prison; and that on such examination I found that the said C. D. was dead.

Declaration of Sheriff and Others.

We, the undersigned, hereby declare that judgment of death was this day executed on C. D., in the (describe the prison) in our presence.

(Section 1097.)

FORM 73.

Certificate of Non-appearance to be endorsed on the Defendant's Recognizance.

I hereby certify that the said A. B. has not appeared at the time and place in the said condition mentioned, but therein has made default, by reason whereof the within written recognizance is forfeited.

You are hereby commanded to levy of the goods and chattels, lands and tenements, of each of the persons mentioned in the roll or extract to this writ annexed, all and singular the debts and sums of money upon them severally imposed and charged, as therein is specified; and if any of the said several debts cannot be levied, by reason that no goods or chattels, lands or tenements can be found belonging to the said persons, respectively, then, and in all such cases, that you take the bodies of such persons, and keep them safely in the gaol of your county, there to abide the judgment of our court (as the case may be) upon any matter to be shown by them, respectively, or otherwise to remain in your custody as aforesaid, until such debt is satisfied unless any of such persons respectively gives sufficient security for his appearance at the said court, on the return day hereof, for which you will be held answerable; and what you do in the premises make appear before us in our court (as the case may be,) on the day of term next, and have then and there this writ. Witness, etc., G. H., clerk (as the case may be).

55-56 V., c. 29, sch. 1, form TTT.

(Section 1133.)

FORM 75.

Justices' Return.

RETURN of convictions made by me (or us, as the case may be), during the quarter ending

19

J. S. and O. K., Convicting Justices (as the case may be).

55-56 V., c. 29, sch. 1, form SSS.

Short title.

THE CANADA EVIDENCE ACT.

(Revised Statutes of Canada, 1906, chapter 145).

SHORT TITLE.

1. This Act may be cited as the Canada Evidence Act. 56 V., c. 31, s. 1.

Applies to

PART I.
APPLICATION.

2. This Part shall apply to all criminal proceedings, and to all matters all civil proceedings and other matters whatsoever respecting within legislative juris- which the Parliament of Canada has jurisdiction in this behalf. 56 V., c. 31, s. 2.

diction of Canada.

No incom

Criminal proceedings.]-A coroner's court is a criminal court and is, therefore, one in which the evidence would be subject to this Act. R. v. Hendershott, 26 O.R. 678; R. v. Williams, 28 O.R. 583; R. v. Hopkins (1896), 32 C.L.J. 592.

In a civil action brought to recover from the constable and clerk of the peace moneys seized in a common gaming house under the powers conferred by sec. 641 of the Code, it was held that the rules of evidence in force in the province in civil matters applied and not the Canada Evidence Act. O'Neil v. Attorney-General (1896), 1 Can. Cr. Cas. 303 (Can), affirming (s.c.), O'Neil v. Tupper, 4 Que. Q.B. 315. But it was held also that a judgment of forfeiture in a criminal proceeding is not subject to collateral attack in a civil action brought to recover the moneys. Ibid.

WITNESSES.

3. A person shall not be incompetent to give evidence by petency from reason of interest or crime. 56 V., c. 31, s. 3.

interest or crime.

Accused and

wife or husband

competent witnesses

for defence.

Wife or husband com

4. Every person charged with an offence, and, except as in this section otherwise provided, the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence, whether the person so charged is charged solely or jointly with any other person.

2. The wife or husband of a person charged with an offence against any of the sections two hundred and two to two compellable hundred and six inclusive, two hundred and eleven to two hundred and nineteen inclusive, two hundred and thirty-eight,

petent and